Legal Matters Scotland
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24th December 2025

A free early morning round up of news for legal professionals across Scotland.
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HOLYROOD
Constance's grooming gang comments probed for code breach
Justice secretary Angela Constance is to be investigated over whether she breached the ministerial code by allegedly misrepresenting the position of grooming gangs expert Prof Alexis Jay. Constance had told parliament that Prof Jay opposed further child sexual abuse inquiries, though the academic later clarified her remarks referred only to England and Wales. The investigation, initiated independently by the Scottish government's advisers, follows a no-confidence vote at Holyrood which Constance survived, and comes amid criticism from opposition parties questioning both her conduct and First Minister John Swinney's handling of the matter.

 
CASES
Campaign group 'still owed legal costs'
For Women Scotland, which won a landmark Supreme Court case defining 'woman' as biological sex, has accused the Scottish government of delaying payment of its legal costs in an effort to exhaust the group financially ahead of a new court challenge. The campaign group is preparing a judicial review against the policy of placing transgender women in the female prison estate, arguing it breaches women’s rights. Co-director Susan Smith said more than £400,000 was spent on the previous case and warned that continued delays risk undermining access to justice. The Scottish government said it accepts the ruling and is undertaking further work, while opposition figures urged ministers to reimburse the group without delay.
Peggie tribunal judge issues more ruling corrections
The judge in Sandy Peggie's employment tribunal case has issued 11 further corrections to his original ruling, addressing clerical errors, omissions, and misquotations, though none affect the outcome. Corrections include clarifying the definition of "trans man," amending a misquoted court case, and correcting the name of the campaign group "Not All Gays." Peggie, who partially won her claim against Fife Health Board after refusing to share a changing room with transgender doctor Beth Upton, has said she intends to appeal the tribunal’s findings.
Teenage Jehovah's Witness can receive blood transfusion
A Scottish court has authorised doctors to administer a blood transfusion to a 14-year-old Jehovah's Witness if it becomes necessary following an operation, despite her refusal on religious grounds. Judge Lady Tait ruled the order was in the girl's best interests, noting the potential severity of consequences, including death, if a transfusion were withheld. The decision, which considered the child's capacity to understand the implications, ensures doctors can act quickly in a life-threatening situation without seeking further court approval.
Afghan asylum seeker jailed for rape
Rapualla Ahmadze, a 21-year-old Afghan asylum seeker, has been sentenced to nine years in prison for raping a vulnerable teenager in Cooper Park, Elgin. The attack occurred on August 4, 2024, when Ahmadze approached the victim, who was sitting alone. Judge Thomas Welsh KC stated that Ahmadze acted in a predatory manner and denied the victim's consent. Ahmadze will also face deportation after serving his sentence.
Protester to appear in court over terror charge
A man who was arrested during a Glasgow protest against the proscription of Palestine Action is to appear in Glasgow Sheriff Court on January 8. Sean Clerkin was detained on July 18 under the Terrorism Act for displaying a placard, despite claiming he is not affiliated with the group. Clerkin stated: "What I'm fighting for is basic civil liberties and the freedom to protest and for free speech."
Inkster Banner


Inksters are supporting the ABS Scotland Group as founding members and with Brian Inkster being a member of the committee.

The Group was born out of frustration with the Law Society of Scotland’s delays in implementing Alternative Business Structures (or Licensed Legal Service Providers) in Scotland.

By 2025, there had already been a 15-year delay in implementation following on from the Legal Services (Scotland) Act 2010. There was hope that the Regulation of Legal Services (Scotland) Act 2025 would speed the process up. However, instead, the Law Society of Scotland announced a freeze of at least another two years on doing anything at all on ABS.

The main objective of the Group is to encourage and facilitate the introduction of ABS to Scotland.

You can join the ABS Scotland Group by completing the membership application form.

 
INDUSTRY
Lawsuits rise at Christmas in 'holiday ambush'
Lawyers have shone a spotlight on a litigation tactic that sees court documents filed over the Christmas period. Data shows that between 2019 and 2024, 88 claims were brought on Christmas Eve.
IMPORTANT CHANGES
A Reminder to our Readers

Legal Matters Scotland will soon be changing its name to Legal Slice as of the 2nd January.  

Importantly, there is nothing you need to do. Our focus, editorial standards, and commitment to high-quality legal news summaries and content remain the same…. only the name is changing … the content, independence, and dedication to Scotland’s legal community are not.  

Thank you for your continued support as we enter this next chapter and we wish you a fantastic Christmas and a Happy New Year.

 
FIRMS
Freshfields gives Gen Z lawyers resilience training
Freshfields is providing resilience training for Gen Z law students in an effort to prepare them for the pressures of working in the City. The training focuses on helping prospective lawyers manage stress and feedback effectively. A spokesperson from the firm said: "We want to ensure that our future lawyers can handle the challenges they will face in their careers." Addleshaw Goddard is also planning to deliver sessions aimed at building resilience and wellbeing, while Clyde & Co is set to overhaul its resilience training programme after a firm-wide review.
POLICING
Councillor concerned police are being diverted from frontline duties
Councillor Francesca Brennan has said police officers should not be diverted from frontline duties to transport detainees or attend A&E. After shadowing Inverclyde's Priority Policing Team, she observed the challenges officers face, particularly with the uncertainty surrounding Greenock's custody suite. Brennan stated: "When officers are tied up on long journeys... it has a direct impact on Inverclyde's safety." She welcomed plans for a mental health emergency response service to alleviate police workload.
TAX
Farmers boosted as ministers rethink IHT threshold
The Government will increase the inheritance tax relief threshold for farmers from £1m to £2.5m. This decision follows significant protests from the farming community, with concern raised over plans set out in last year's Budget that would see a 20% tax on inherited agricultural assets worth more than £1m as of April 2026. The decision to increase the threshold comes days after a Government review by Baroness Batters, a former NFU president, found farmers were “bewildered and frightened” by the mooted IHT changes. The Government said it had "carefully considered" feedback on its tax plans. 
 


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